The Veteran's claims for increased rating and service connection were denied. The Board found that the current rating of 40 percent adequately reflects his disability.
The deciding factor: The evidence did not show ankylosis or incapacitating episodes as required for a higher rating, nor was there any evidence showing lower extremity weakness or bowel/bladder incontinence due to service-connected residuals of low back injury.
- Claimed conditions
- residuals, low back injury with chronic lumbosacral strain and disc space narrowing at L4-5, thoracic pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2010
- Citation
- 1043396
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1043396.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for various conditions, including headaches, BCC, carpal tunnel, CFS, fibromyalgia, right ear hearing loss, lipoma, OSA, thoracic pain, neck pain, and peripheral neuropathy in the left and right lower extremities, as there was no medical evidence linking these conditions to the Veteran's military service.
- Remanded (sent back)
The Board has remanded the case due to insufficient opinions regarding secondary service connection theories and lack of proper compliance with previous remands.
- Denied
The VA treatment did not cause the Veteran's additional disabilities, including back pain, balance problems, chronic fatigue, leg disorders, and thoracic pain.
- Remanded (sent back)
The Board has remanded the case for further development due to an inadequate VA examination in May 2007.
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